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May 15, 2013
Some brand-owners who defend non-use removal actions in Australia appear to be successfully preventing the removal of their marks on discretionary grounds. However, brand-owners should not be complacent.
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May 1, 2013
Kate Elton’s “Molar Stool” took out the People’s Choice Award at Workshopped, an annual showcase of the works of young designers. As part of her prize, Griffith Hack Principals David Hughes and Derek Baigent are assisting Kate to capitalise on the popularity of the Molar Stool and bring it to market.
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May 1, 2013
In an earlier blog, Chris looked at how the right music in a retail environment can result in increased sales, or increased sales of targeted products, while the wrong music can actually decrease sales and damage a business. Having found the right music, another question is whether the loudness of the music can influence sales, especially in restaurant or bar environments.
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April 24, 2013
Wayne Condon and John Lee have been recognised as “Expert Patent Practitioners” in the Guide to the World's Leading Patent Law Practitioners. This recognition comes as the result of an in-depth survey of the world’s leading senior practitioners and in-house counsel.
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April 23, 2013
Principal Dr. Derek Baigent's article on 'hot tubbing' expert witnesses is published by Lexis Nexis, UK. The article discusses the procedure in Australia for concurrent expert evidence, or 'hot tubbing' as it is colloquially known, and explains how lawyers might approach this technique that is new to civil procedure in the UK.
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April 23, 2013
Decisions regarding IP assets are often based on little more than intuition. And yet IP is often among the most valuable assets a company owns. Griffith Hack IP Director, Tim Heberden, discusses a more disciplined approach to IP decision making.
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April 18, 2013
On Thursday 18th April, Anne Makrigiorgos became the first woman President of the Institute of Patent and Trade Mark Attorneys in the institutes 81 years of existence.
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April 18, 2013
Wayne Condon, Geraldine Farrell and Sheree Hollender have authored two chapters featured in the 2013/14 Practical Law Company Guide titled, "IP in business transactions: Australian overview" and "Patents, trade marks and designs in Australia: overview".
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April 9, 2013
Wayne Condon, Geraldine Farrell, Andrew Goatcher, Russell Berry, Kate Hay and Justin Lambert have been recognised as “Best Lawyers” by their peers in the Australian Financial Review’s (AFR) list of The Best Lawyers in Australia (Best Lawyers).
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April 5, 2013
Griffith Hack research shows that more than half of the value of the ASX100 is generated by intangible assets. In some sectors the intangible contribution increases to more than 70%.
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April 4, 2013
The Australian Pharmaceutical patent review, initiated in November 2012, has provided draft recommendations for consideration by interested stakeholders.
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March 28, 2013
For many years, restaurants and food marketers have noticed that the taste and smell of foods are not the only drivers of taste preference, but that visual stimuli play an important part. Foods that look good are thought to actually taste better...
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March 28, 2013
As the process of evaluating top level domains continues, trade mark owners should take note of an important development. The Trade Mark Clearinghouse is now in operation...
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March 28, 2013
In a subsequent development, Google has amended its AdWords trade mark policy which will take effect on 23 April 2013 whereby Google will no longer monitor and restrict keywords for advertisements in response to complaints made by trade mark owners in Australia...
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March 28, 2013
Principal Nicola Scheepers considers a recent case involving two coffee suppliers, discussing the issues surrounding registering foreign word marks...
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March 28, 2013
Senior Associate, Lyn Stevens discusses how Trade marks which contain an -INN stem are often difficult to register – however not necessarily impossible...
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March 28, 2013
Sally Shrimpton, Special Counsel outlines the case of Basic Trademark S.A. v Karelia Tobacco Company Inc which provides some guidance on what is considered to be “goods of the same description” for the purposes of the Trade Marks Act 1995 (Cth) (The Act)...
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March 15, 2013
Trade Marks Principal Chris Sgourakis, recently authored an article for the LexisNexis Intellectual Property Law Bulletin, Volume 25, Number 7.
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March 5, 2013
Significant changes to the law governing nutrition content, health and related claims on food labels and advertisements came into effect earlier this year...
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March 5, 2013
Griffith Hack maintains its position in the latest edition of Chambers' Global: "The World's Leading Lawyers" guide for 2013 (Chambers' Global 2013)...
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February 21, 2013
Organisations that are not aware of the value of their brands are developing marketing and corporate strategy in a self imposed haze. A well constructed brand valuation provides a line-of-sight between company actions, consumer perceptions, market performance, and value creation...
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February 21, 2013
A recent case study conducted by the University of Woollongong and Murdoch University showed some interesting results regarding the degree to which consumers’ emotions affect their buying behaviour...
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February 21, 2013
New labelling laws introduced in January this year, will give consumers confidence that health and nutrition claims on food labels are supported by credible scientific evidence...
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February 21, 2013
Red Bull has successfully opposed the registration of a competitor’s energy drink by demonstrating that its trade dress acts as a trade mark, such that use of the competitor’s REPLAY mark was likely to cause consumer confusion...
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February 21, 2013
A recent decision by the Australian Trade Marks Office (ATMO) involving “top model” logos demonstrates that an opposition can be successful when the rights relied upon are in common or descriptive words.
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February 21, 2013
Ending a six-year battle between Google Inc (Google) and the Australian Competition and Consumer Commission, the High Court of Australia has ruled that the search engine did not engage in misleading or deceptive conduct by displaying deceptive advertisements in Google search results...
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February 19, 2013
Last Friday (15 February) the Federal Court of Australia handed down an important judgment confirming that isolated genetic material is patentable subject matter in Australia...
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February 14, 2013
Griffith Hack has been ranked in Band 1 in the World Trademark Review 1000 – The Definitive Guide to Trademark Legal Services (WTR 1000)...
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February 13, 2013
Griffith Hack has been recognised as the top firm for Patent Cooperation Treaty (PCT) filings in Australia by Managing Intellectual Property (MIP) for the fourth year running...
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February 4, 2013
The Australian oil and gas sector, much of which operates offshore, represents an enormous economic opportunity for the nation. However, few – if any – of the companies that operate in Australian waters have considered their exposure to IP risks.
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January 25, 2013
Lawyer Monthly speaks to Principal, Jurgen Bebber about the issues surrounding domain names and disputes and the challenges faced by IP lawyers in Australia.
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December 17, 2012
This publication covers recent developments in the world of Intellectual Property (IP) and from within Griffith Hack
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December 17, 2012
Amendments to the Australian Patents Act 1990 (Cth) (the Act) come into force on 15 April 2013. Changes to the substantive patentability requirements will be applicable to patent applications that have not requested examination by 15 April 2013. To benefit from Australia’s current standards for patentability and specification disclosure, it is recommended that examination be requested for both pending applications and planned new patent applications before the 15 April 2013 cut off...
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December 17, 2012
Australian consumer watchdog CHOICE, recently reviewed 200 products that claim to be “healthy”, uncovering some worrying findings. Results of the study have revealed how food manufacturers and others exploit current trade mark law and practice in Australia, in order to mislead consumers into believing that their goods have health or environmental benefits...
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December 17, 2012
As thoughts turn towards getting your house in order for 2013, it is a timely reminder that it is possible to link your trade marks that have been registered in multiple single classes...
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December 17, 2012
The Defence Trade Controls Bill 2011 received Royal Assent and became law on 13 November 2012, now the Defence Trade Controls Act 2012 (Cth) (the Act). The Act gives effect to the 2007 Australian-United States Defence Trade Co operation Treaty and will have a substantial impact on the overseas supply and publication of technology from Australia. The majority of the provisions of the Act will come into effect upon Proclamation...
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December 17, 2012
New privacy laws now apply the same privacy principles to the private sector and Australian Commonwealth Government agencies. Under the new law, the Australian Privacy Principles (APPs) will apply to both the private sector and Commonwealth Government entities in Australia. The new law clarifies some uncertainty regarding the operation of the Privacy Act 1988 (Cth) (The Act)...
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December 17, 2012
A recent Interpretive Decision from the Australian Tax Office (ATO) regarding ‘feedstock rules’, provides guidance as to the tax benefits available where an organisation creates a prototype as part of research and development (R&D) activities. This decision also had a material impact where the prototype is treated as trading stock in the hands of the organisation...
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December 17, 2012
Following on from the AmberScope article in Breakthrough Issue 2 2012, Griffith Hack and it’s associate Ambercite, are excited to announce that the upcoming beta trial of the new and revolutionary patent searching engine AmberScope, is now underway...
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December 17, 2012
More and more Australian trade mark owners are turning to “defensive trade marks”, to protect their well-known Australian brand names against related goods and services that their marks do not represent...
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December 17, 2012
Australian Intellectual property (IP) firm Griffith Hack is pleased to announce the appointment of its new Chairman of the Board, David Hughes...
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December 17, 2012
Please note that the nationwide Griffith Hack offices will be closed from 5pm Friday 21st December 2012 and will re-open 9am Wednesday 2nd January 2013...
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November 27, 2012
There's been case after case in recent years that show the need to patent your IP is crucial. But with offshore oil and gas operations being located in more remote places, just how far do Australia's borders reach?
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November 22, 2012
Mary Turonek’s white paper “Off the Shelf Patent Protection – the interplay between patent rights and offshore operations” features in Oil & Gas Australia, November 2012...
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November 19, 2012
Last week Tracey Murray from Griffith Hack (GH) attended an R&D Tax Incentive workshop for tax agents in Canberra. The workshop was convened by AusIndustry in order to provide key consulting and industry participants with the opportunity to review and discuss two draft guidance documents planned for release in December, as well as to discuss and workshop any issues related to the implementation of the new R&D Tax Incentive regime...
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November 15, 2012
The Victorian Government has announced an $8 million Technology Voucher Program that allows companies to trial new technologies in industrial biotechnology, small technologies and information and communication technologies. The Program follows the successful STIUP voucher program...
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November 13, 2012
Mike Lloyd’s white paper “Australian sporting innovation: patently better?” has been featured in the latest volume of Sports Technology...
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November 8, 2012
Whilst the title of this alert may appear trite, it embodies the Administrative Appeals Tribunal’s (AAT) reasons for rejecting an R&D claim made by Queensland based information technology company, NaughtsnCrosses Pty Ltd...
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November 8, 2012
Click here to view the full November edition of the Trade Marks eNewsletter.
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November 8, 2012
In the provision of many services, and in many networking and sales situations, first impressions are vitally important in winning a customer or keeping him or her happy. While past studies have looked at the role of visual cues in creating good impressions (such as appearance and body language), little research has been done on the senses of warmth and coldness...
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November 8, 2012
Principal, Nicola Scheepers outlines the impact the "Raising the Bar Act 2012" amendments will have on trade mark owners; and provides some important practical take home messages...
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November 8, 2012
The United States Court of Appeals recently found that the colour of Christian Louboutin’s shoes could be protected as a trade mark, despite the mark being used in the fashion industry, Kellie Stonier explains further...
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November 8, 2012
Lawyer Simon Gapes, explains the recent announcement by the New Zealand Government, that New Zealand is to accede to the Madrid Protocol. The accession will take effect from 10 December 2012. From this date, International Registrations will be able to designate New Zealand as a country where a trade mark will be protected...
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November 8, 2012
In the opposition case of Museums Board of Victoria v Maryann Martinek, Special Counsel Sally Shrimpton outlines and highlights that an iconic cultural, and historic symbol of a significant moment in Victoria’s history and the collective memory of the Black Saturday bushfires, contributed to the prevailing of Museum Victoria in these opposition proceedings...
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October 30, 2012
Griffith Hack is pleased to invite our valued clients the opportunity to participate in a complimentary trial of the new patent searching product AmberScope, which has been developed by Ambercite in close cooperation with Griffith Hack...
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October 30, 2012
On 16 October 2012 the Australian Federal Government announced the terms of reference for a review that will evaluate whether Australia’s system for granting pharmaceutical patents is sufficiently balancing the objectives of securing timely consumer access to competitively priced pharmaceuticals with fostering innovation...
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October 30, 2012
US patent law is in the process of reform. The reform brings US law closer to the patent law of other nations, including that of Australia. Many Australian businesses pursuing patents and commercialising in the US should be modulating their patent strategy in response to the new law...
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October 30, 2012
A number of significant changes to New Zealand’s patent law could be in force in 2013...
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October 30, 2012
f you are an SME conducting R&D, and would benefit from receiving quarterly payments, the time to act is now...
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October 30, 2012
In July 2012, the Australian Federal Court considered for the first time in detail whether a trade mark can be registered for services if it is also the name of the building from which the services are supplied...
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October 30, 2012
The new Tobacco Plain Packaging Act 2011 (Cth) (the Act) will have significant impact on the owners of trade marks that relate to tobacco products. We discuss the changes and the action taken to date by some of the owners of those trade marks in relation to the Act...
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October 24, 2012
Griffith Hack has been recognised by Asia IPas a leading Australian IP firm. Griffith Hack ranked highly amongst our leading competitors, achieving an unrivalled tier 1 for trade mark prosecution, patent prosecution and patent contentious, and tier 2 for trade mark contentious...
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October 24, 2012
Griffith Hack has been recognised as the top firm for Patent Cooperation Treaty (PCT) filings in Australia by Managing Intellectual Property (MIP) for the fourth year running...
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October 23, 2012
The firm is proud to be sponsoring Univation 2012 (www.univation.com.au) on 7 November at Perth’s Burswood Entertainment Complex. Part of WA Innovation Week...
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October 18, 2012
On the 16th of October, the Australian Federal Government announced the terms of reference for a review that will evaluate whether Australia’s system for granting pharmaceutical patents is sufficiently balancing the objectives of securing timely consumer access to competitively priced pharmaceuticals with fostering innovation...
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October 16, 2012
Griffith Hack is proud to be sponsoring the Melbourne University Endeavour Design Expo and Industry Awards Night this year on Thursday 25th October...
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October 11, 2012
Racing Information Services Australia Pty Ltd (RISA) recently changed its rules in order to seize ownership and control of intellectual property rights of horse owners. These rule changes prohibit owners of horses, which may become champions like Black Caviar and Makybe Diva, from registering and exercising exclusive intellectual property rights...
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October 9, 2012
Senior Associate Kellie Stonier, spoke to BRR Media about the introduction of new rules by the horse racing authority which change the IP rights of horse owners who want their horses to compete in Australian races...
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September 27, 2012
For many years, toys have been offered with foods to influence children’s food choices. These toy give-aways are heavily promoted, often as “limited time” or “collectable” offers, which further increases children’s motivation to buy the foods...
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September 27, 2012
Simon Gapes provides an outline of the recent case of Australian Postal Corporation v Digital Post Australia Pty Ltd and highlights that longevity of a registered Mark can be a contributing factor in the dismissal of deceptive...
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September 27, 2012
A recent Federal Court has confirmed that a registered trade mark is a form of property which, if acquired by a director of a company in his/her own name in breach of his/her duty, may in fact be truly owned by the company. Principal, Chris Sgourakis explains...
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September 27, 2012
In the case of Lonsdale Australia Limited v Paul's Retail Pty Ltd Appeal Lawyer Ben Mawby outlines and highlights that, unless there is at least implied consent of the Regional trade mark owner to the use of the mark, then the defence of lawful parallel importation will fail...
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September 27, 2012
A recent Trade Marks Office decision may remove some uncertainty in examination of composite trade marks that contain non-distinctive elements in particular where these form a prominent part of the respective marks. Principal, Jürgen Bebber explains further...
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September 27, 2012
In an action for the removal of a trade mark registration, the Registrar maintains discretion not to remove a registration even where the owner of the registration was unable to demonstrate use during the relevant period...
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September 20, 2012
Trade Marks Principal Jürgen Bebber, recently authored an article for the LexisNexis Internet Law Bulletin, Volume 15, Number 5. The article provides information for Trade Mark owners on the progress of the proposed mass expansion of the domain name system by the Internet Corporation for Assigned Names and Numbers (ICANN)...
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September 19, 2012
On 7 September 2012 the High Court rejected an application by Optus for special leave to appeal the decision of the Full Federal Court regarding its TV Now service. The High Court considered there was little prospect of the appeal succeeding...
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September 10, 2012
IP Law Group Principal Wayne Condon, and Associate Lawyer Eliza Mallon, recently co-authored the Australian Chapter for The International Comparative Legal Guide to: Patents 2013...
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September 6, 2012
If you are an SME conducting research and development (R&D) than you are likely to be aware of the new R&D Tax Incentive program, whereby a company is eligible to receive back 45¢ for every dollar it invests in R&D. As part of this new scheme, the government is seeking to further encourage SMEs by allowing them to access to their R&D tax refund in a series of quarterly payments, commencing 1 January 2014...
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September 5, 2012
Do you provide voluntary warranties with your products or services? If so, it is important that you are aware of the requirements for warranties against defects under the Australian Consumer Law (ACL)...
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August 15, 2012
Cigarettes will be sold in plain packaging as of December 1st this year, following a ruling by the High Court today. The ruling follows months of constitutional challenges from the big tobacco companies, claiming the Government was attempting to take intellectual property without the necessary compensation. There is no right of appeal from the High Court, and an explanation of the ruling will be provided at a later date...
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August 14, 2012
Science is slowly proving what advertisers have known for years – that a good advertising jingle is a very powerful marketing tool. Songs and music tap into parts of our brain which appear to be primed or hard-wired to process them...
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August 14, 2012
A recent Federal Court decision confirms that brand owners have an option of considering trade mark infringement proceedings where domain names consisting of, or being at least deceptively similar to, registered trade marks are being used to divert to competing websites. Principal, Jürgen Bebber explains further...
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August 14, 2012
In the case of Lonsdale Australia Limited v Paul's Retail Pty Ltd Lawyer Ben Mawby outlines and highlights that, regional protection through trade mark licensing agreements is a powerful weapon in the brand owners’ arsenal against parallel importers...
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August 14, 2012
Lawyer Karolina Koszelski provides an outline of the recent case of Australian Health & Nutrition Association Limited trading as Sanitarium Health Food Company v Irrewarra Estate Pty Limited trading as Irrewarra Sourdough and highlights the limitations of claiming infringement of a registered mark when that mark is simply being used descriptively...
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July 31, 2012
Statistics recently released by the Australian Bureau of Statistics (ABS) have shown that the percentage of Australian businesses engaged in innovative activity in the 2011 financial year fell from 2010. Interestingly, the figures also highlight a discrepancy between the level of innovative activities undertaken by large businesses and small to medium enterprises (SMEs).
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July 24, 2012
With the 2012 London Olympics about to commence, anticipation for the Games and talk of sport is reaching fever pitch. Against this background, it is worthwhile to look at ten great Australian sporting innovations.
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July 2, 2012
Griffith Hack is pleased to announce the promotion of Byron Bowman and Nick Hunter to Principal, effective 1 July 2012...
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June 27, 2012
Following on from the recent PLC Which Lawyer? Life Sciencesresults, Griffith Hack has also been recognised in the PLC Which Lawyer? Intellectual Property results for 2012...
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June 25, 2012
Over the years, the restaurant trade has grappled with arguments as to where to list dishes or drinks that the restaurant wants to be more popular than others. Past psychological studies have suggested that consumers exercise “edge avoidance” or “middle bias” when selecting identical products from an array of identical options (such as a selection from a display of food products on a supermarket shelf). Does the same “edge avoidance” or “middle bias” effect apply to the ordering of non-identical items on a printed menu?...
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June 25, 2012
Google Inc's Adwords programme has been criticised for allowing competitors to use each other's trade marks to trigger sponsored links. The Australian Competition and Consumer Commission (ACCC) took action against Google claiming that its Adwords programme amounted to misleading and deceptive conduct. Principal, Jürgen Bebber explains...
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June 25, 2012
Principal Chris Sgourakis provides an outline of the recent case of Kraft Foods Australia Pty Ltd v Mars Australia Pty Ltd and highlights that traders should not rely on the "TM" symbol to create distinctiveness soley...
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June 25, 2012
On Monday 28 May 2012 the new National registration system for business names came into effect. A frequently asked question related to the differences between business names, trade marks, company names and domain names came us after presentations held by ASIC. Senior Associate, Lyn Stevens explains these differences in relation to the registration system...
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June 25, 2012
In the case of Facton Ltd v Mish Mash Clothing Pty Ltd, numerous similarities were found between the applicant's work and contested labels. This not only related to a Trade Mark infringement but additonally a Copyright Infringement made against Mish Mash Clothing as well...
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June 25, 2012
Senior Associate, Lucy Meadley and Professional Aparna Watal outline the case of Paul's Retail Pty Ltd v Sporte Leisure Pty Ltd and highlight a Brand owner’s right to stop parallel importation of goods which bear their marks in breach of, or outside the terms of license agreement...
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June 25, 2012
IP Australia has recently announced an increase in its fees for some services. The new fees are the result of a review which took place in September 2011 and are intended to be in place for the next four years. The fee changes include incentives to use an ‘approved means’ i.e. electronic as opposed to mail or facsimile, for specific transactions...
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June 19, 2012
Griffith Hack has been ranked Tier 1 ‘Highly Recommended’ for Prosecution and Tier 2 ‘Silver’ for Litigation and Licensing in the Intellectual Asset Management (IAM) publication: IAM Patent 1000: The World’s Leading Patent Practitioners 2012.
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June 14, 2012
The moment that the Internet community has been waiting for has arrived. In London, the Internet Corporation for Assigned Names and Numbers (ICANN) yesterday revealed the names of the applicants for new top level domains and the top levels that each applied for...
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May 30, 2012
Griffith Hack has yet again been recognised as a Tier 1 Best Specialist IP firm in Australia by Doyle’s Guide and a Tier 2 leading Australian IP law firm...
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May 30, 2012
Key points you need to know in the forthcoming revisions to official fees for patents, trade marks and designs commencing on 1 July 2012.
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May 28, 2012
Griffith Hack has secured back to back ALB Law Awards as the “IP Specialist Firm of the Year” for 2011 & 2012...
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May 25, 2012
So many voices bemoan the lack of funding available in Australia to those chasing their entrepreneurial dream. But an extraordinary amount of support is available to ‘startups’ in Australia. Sydney Angels, supported by Griffith Hack, is one group leading the charge...
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May 22, 2012
A single, national business names registration system is due to replace the eight individual State- and Territory-based systems on 28 May 2012. Wayne Condon and Su-Ann Burke explain what this means for existing and prospective business owners...
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May 15, 2012
There have been a number of small changes to a number of taxation issues which impact innovative businesses and industries in Australia. This has the potential to result in uncertainty for Australian innovators. Griffith Hack Consulting representatives were in Canberra for the budget release. Tracey Murray and David Mason explain further...
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April 30, 2012
Welcome to our new Melbourne office at 161 Collins Street. For those of you who have not yet visited us, please click here to view our online virtual tour...
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April 30, 2012
On Friday, 27 April 2012, the full Federal Court delivered its decision in National Rugby League Investments Pty Limited v Singtel Optus Pty Ltd, overturning Justice Rares decision, and finding that the TV Now service infringes the copyright of the AFL, NRL or Telstra. Senior Associate, Kellie Stonier explains...
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April 24, 2012
Product or brand placement can be described as “embedded advertising”. The product or brand appears not in an obvious stand-alone advertisement, but is embedded within the scenery, plot or dialogue of a movie, television show, video game or book. Product placement avoids both the problem of viewers “switching-off to” or “fast-forwarding” stand-alone advertisements and functions as an implied endorsement by the actor or producers for the product...
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April 24, 2012
28 May 2012 is the date set for the commencement of the national system to register business names. However this commencement date is still subject to the passage of legislation through State and Territory parliaments. What does this mean if you have a business name registration that is due to expire before this commencement? Senior Associate Lyn Stevens explains...
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April 24, 2012
Principal Chris Sgourakis provides an outline regarding the case of Austin, Nichols & Co Inc v Lodestar Anstalt and highlights that Trade Marks owners should be wary regarding non-use in Australia...
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April 24, 2012
The use of the prefix "Nex" in trade marks was found to establish an infringement under Section 60, 44 and 42b of the Trade Marks Act on the basis that the prefix "Nex" could cause deception to consumers as both parties covered identical and similar goods...
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April 24, 2012
Speaking to iTnews.com.au about the recent iiNet Australian High Court decision, Griffith Hack Principal Wayne Condon provided the legal perspective on the takeouts from the judgment...
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April 23, 2012
Griffith Hack IP Law Group Senior Associate outlines the case decision involcing Singtel Optus and the National Rugby League and what this means for parties negotiating commercial agreements concerning digital technology...
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April 23, 2012
Australia’s final appellate court, the High Court, has today handed down its decision dismissing an appeal by a number of film and television companies who had argued against internet service provider, iiNet. National Law Group Practice leader Wayne Condon outlines the findings and the importance of this decision...
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April 23, 2012
A must-read article for all companies that have a keyword arrangement with Google to avoid engaging in misleading and deceptive conduct...
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April 23, 2012
Griffith Hack achieved victory for Wyeth in the long-running patent dispute over the blockbuster drug, Effexor-XR...
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April 23, 2012
not-to-be-missed key lessons for marketers from a recent case involving false and misleading advertising – and how to avoid putting your company in the firing line...
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April 23, 2012
Who owns the IP when an employee creates an invention during the course of employment? Discover the facts of a recent case that deals with this very issue...
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April 23, 2012
two key changes in US patent practice should benefit patent owners and applicants seeking protection in the US, in light of the recent passing of the America Invents Act...
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April 23, 2012
Following our recent update on the Intellectual Property Laws Amendment (Raising the Bar) Bill 2011. The Intellectual Property Laws Amendment (Raising the Bar) 2012 will commence 12 months from Assent containing most changes from the 2011 bill. Wayne Condon and Eliza Mallon explain further...
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April 23, 2012
Owners of well-known trade mark marks can take comfort from a recent decision involving the well-known BOTOX pharmaceutical mark...
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April 23, 2012
Leading Australian intellectual property law firm, Griffith Hack has partnered with patent analyst specialists Ambercite to apply sophisticated analysis in a newly released report on Alzheimer's treatments. The report considers 48,000 patents in the area of Alzheimer’s treatment to show the leading patents, patenting areas, patent owners and inventors...
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April 23, 2012
find out how your business could get a slice of the AUD$1 billion in competitive grants being offered by the Australian Government, aimed at helping manufacturers in this new carbon economy...
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April 23, 2012
The Australian government is encouraging foreign entities undertaking R&D in Australia via generous rebates, with SMEs set to be the big beneficiaries....
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April 23, 2012
Recognising a significant milestone in Griffith Hack’s long and proud history, the new Melbourne office of Griffith Hack was officially opened on Wednesday 21 March 2012...
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April 23, 2012
Sue Allison-Rogers of Eenee Weenees™ has developed an Australian designed and produced, zero waste disposable nappy made from sustainable materials that is acceptable for commercial composting...
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April 23, 2012
Griffith Hack Trainee Patent Attorney, Dr Andy Mukherji's PhD thesis has been published as a paperback book by LAP Lambert Academic Publishing...
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April 23, 2012
Aparna Watal, Trainee Trade Mark Attorney in our Sydney office, has recently been awarded the Dean’s International Student Prize and the Clayton Utz Administrative Law Prize for 2011...
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April 23, 2012
Nominations have opened for the 13th Annual Green Globe Awards (Awards), a NSW Office of Environment and Heritage initiative. The Awards recognise excellence, leadership and innovation across Energy, Water and Waste; Sustainability; and Leadership and Innovation...
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April 23, 2012
Anne Makrigiorgos, Nicola Scheepers and Sally Nicolson are all set to attend this year's annual International Trademark Association (INTA) meeting in Washington DC...
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April 23, 2012
Our recent staff appointments, elevations and registrations.
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March 28, 2012
Brand owners advised to be vigilant and take advantage of the forthcoming amendments to the Customs Seizure provisions of Australian Trade Mark and Copyright legislation. Wayne Condon and Eliza Mallon explain...
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March 26, 2012
On 26 March 2012, Food Standards Australian New Zealand (FSANZ) released a consultation paper on a proposed new approach to regulating nutritive substances and novel foods. Special Counsel Geraldine Farrell and Lawyer Su-Ann Burke outline the highlights of the paper and how a submission can be made...
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March 22, 2012
The Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 was passed by the House of Representatives on 20 March 2012. It is now expected to receive the Royal Assent in the coming weeks after which it will become law...
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March 20, 2012
Griffith Hack has joined the Museum of Contemporary Art Australia (MCA) as a Corporate Member. The MCA will launch its iconic newly renovated premises on 29 March, and Griffith Hack is delighted to share in this major Australian event...
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March 19, 2012
IP Management Consultant Mike Lloyd, spoke to Boardroom Radio about the IP battle set to begin between Yahoo and Facebook. This follows an accusation made by Yahoo last week, that Facebook has violated as many as 20 of its patents...
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March 15, 2012
GHD, in partnership with the Victorian Government, has now launched its groundbreaking Innovation Interchange - an exclusive business-to-business global community to connect, collaborate and solve infrastructure industry challenges...
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March 12, 2012
In the special medical technology March issue of the AusBiotech Journal, Griffith Hack Special Counsel Geraldine Farrell wrote an article on ‘Getting the message right – a brief overview of medical device labelling and advertising in Australia’...
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March 5, 2012
Griffith Hack maintains its strong showing in the latest edition of Chambers' Global: "The World's Leading Lawyers" guide for 2012...
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March 2, 2012
Griffith Hack Lawyers, Wayne Condon,Andrew Goatcher, and Geraldine Farrellhave today been recognised as “Best Lawyers” by their peers in the Australian Financial Review (AFR)...
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March 2, 2012
Griffith Hack has once again achieved the Tier 1 position in patent prosecution work in the latest World IP survey, conducted by Managing Intellectual Property (MIP)...
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February 28, 2012
Griffith Hack has been named 2012 Life Sciences Law Firm of the Year in CorporateINTL Magazine's 2012 Global Awards...
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February 24, 2012
We often like to think that our tastes and preferences, especially for cultural products such as music, movies, books, fashion and restaurants, are our own. However, research has shown that popularity signals have a far stronger effect than we appreciate...
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February 24, 2012
Twitter successfully opposed the registration of a TWITTER REAL ESTATE device trade mark application, even though Twitter does not own or use a trade mark in relation to real estate services. Senior Associate Kellie Stonier explains...
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February 24, 2012
Senior Associate Lyn Stevens provides an outline regarding the case of Unilever Plc and Unilever Australia v Regal Cream Products Pty Ltd to determine the use of the word 'Real' in a trade mark and what this refers to...
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February 24, 2012
The use of the word "Omega" in trade marks was found to establish an infringement under Section 44 of the Trade Marks Act on the basis that the word "Omega" was the most distinctive part of the applicants' trade marks...
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February 24, 2012
A recent decision of IP Australia has considered distinctiveness of the mark THE WEATHER CHANNEL, which two parties claimed ownership of. Trade Marks Professional Simon Gapes explains...
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February 24, 2012
Since the Personal Property Securities Act 2009 (Cth) (PPS Law) came into operation earlier in the year, the PPS Law has implemented a national regime governing security interests over personal property, including trade marks. What does this mean for holders of a security interest in a registered trade mark?...
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February 14, 2012
Following the recent release of the white paper ‘Clearing the fog: Patenting trends for the treatment of Alzheimer’s disease’, IP Management Consultant Mike Lloyd and Principal Amanda Stark spoke to Boardroom Radio about the results of this paper...
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February 13, 2012
Following the recent release of the white paper, “Clearing the fog: Patenting trends for the treatment of Alzheimer's disease”, IP Management Consultant Mike Lloyd spoke to regional radio station The Pulse about the results of this paper...
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February 7, 2012
National Law Group Senior Associate Kellie Stonier spoke to Boardroom Radio about Optus’ significant victory in the Australian Federal Court against copyright claims brought by the AFL, Telstra and NRL...
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February 1, 2012
Griffith Hack IP Consultant Mike Lloyd recently co-authored an article with Doris Spielthenner, co-founder and Managing Director of Ambercite for the US based publication Intellectual Property Management & Valuation Reporter...
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December 12, 2011
After more than 15 years at its current location on St Kilda Road, the Griffith Hack Melbourne office will be relocating to the heart of the CBD in Melbourne – the ‘Paris end’ of Collins Street to be precise. The Melbourne team is delighted to be moving into this premier city location as of Tuesday 3 January 2012...
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December 12, 2011
World leading engineering, architecture and environmental consulting company, GHD is set to launch its groundbreaking Innovation Interchange - an exclusive business-to-business global community to connect, collaborate and solve infrastructure industry challenges...
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December 12, 2011
In this third part of Contracts for Dummies series, Geraldine Farrell and Janine Steinhardt look at typical contractual provisions in more detail and provide an overview of some of the types of clauses you are likely to see in commercial agreements...
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December 12, 2011
Manufacturers and suppliers take note – the new consumer law regulation comes into effect on 1 January 2012 governing contractual warranties...
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December 12, 2011
The Federal Court of Australia has considered the award of additional damages in a patent infringement case for the first time...
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December 12, 2011
IP Australia’s draft Bill to amend the Patents Act 1990 has now been formally introduced to the Australian Parliament – Janelle Borham and Dr Lisa Clark provide an update on the key changes...
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December 12, 2011
The European Court of Justice has issued a ruling that patents should not be granted for inventions that involve the use of embryonic stem cells. Brendan Nugent explains what you need to know about this important ban, which extends throughout the European Union, irrespective of national law...
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December 12, 2011
A recent Australian Trade Mark Office decision highlights the need to pay special attention to ‘sub-brands’ or secondary trade marks in labeling and marketing...
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December 12, 2011
Principal Nicola Scheepers provides an update on an interesting case involving the world’s oldest unchanged and still active trade mark, Longines...
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December 12, 2011
The Australian Federal Court has clarified the legal position regarding the use of third-party trade marks in search engine advertising...
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December 12, 2011
An opportunity for all innovators – find out if your business is eligible to tap into the Federal Government’s new rebate...
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December 12, 2011
Griffith Hack Patent Searcher Lynne Teo put the newest member of the Information Services Group, Dr Paul Hamilton-Brown under the spotlight...
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December 12, 2011
Please click here for our nationwide Christmas and New Year office hours...
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December 12, 2011
To celebrate its 50th anniversary, the International Union for the Protection of New Varieties of Plants (UPOV) has launched a new website...
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December 12, 2011
With the world of intellectual property changing at rapid pace, the World Intellectual Property Organisation has just released its first World Intellectually Property Report. The report makes interesting reading for Australian IP owner and IP Consultant Mike Lloyd highlights the key points...
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December 12, 2011
Griffith Hack client, the innovative Australian Inhibitor Pty Ltd, a niche market research and development packaging specialist, has just been awarded two highly prestigious Australia Packaging Design Awards...
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December 8, 2011
Counterfeiting of luxury brands is a multi-billion dollar industry, and while some buyers of fakes are innocent victims who believe they are buying the real thing, most buyers are fully aware that the goods they are buying are fake and are complicit in their illegal trade. In this article, we look at two studies which examined the psychology of buyers and wearers of fake goods…
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December 8, 2011
The Tobacco Plain Packaging Bill 2011 was passed by parliament on 21 November 2011 and is now before the Governor General for Royal Assent. The law will take full effect by 1 December 2012, meaning that all tobacco products will need to be sold in plain packaging by that date. Lucy Meadley outlines what this means for tobacco trade mark owners...
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December 8, 2011
Senior Associate Lyn Stevens provides an update on the new online National Business Names Registration system and the benefits this will provide to all parties registering business names, regardless of the state they are located in...
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December 8, 2011
The New Zealand High Court has recently issued a decision which held that “MY marks” featuring the prefix MY and a descriptive term were non-distinctive and therefore ineligible for registration. The decision clarifies the eligibility for registration of “MY marks” in New Zealand, and is an example of potentially different outcomes for traders wanting to protect a mark in both Australia and New Zealand...
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December 8, 2011
The recent decision in the long running dispute between Campomar and Nike has highlighted that the use of a trade mark does not need to be substantial to defend an application to remove a trade mark from the Register for non-use. Principal Nicola Scheepers explains…
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December 8, 2011
Starting 1 January 2012, the Australian Trade Marks Office will adopt to the 10th edition of the International Classification of Goods and Services. Nicola Scheepers notes the most substantial changes...
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December 7, 2011
Following the recent release of the white paper, “Protected by Design: The changing face of registered design protection in Australia”, Senior Associate Byron Bowman spoke with Boardroom Radio on the current major trends in design registration, what kind of design protection is available, what design registration certification does and what Byron’s number one tip is for registered designs...
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December 5, 2011
Interested in protecting your designs in Australia? In 2003 Australia made a major change in its design law with the introduction of the 2003 Designs Act. But what has been its impact on the IP landscape? How can design registrants adopt a best practice approach to protection?
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December 5, 2011
National Law Group Practice Leader Wayne Condon recently spoke with Boardroom Radio on the issue of patent trolls – those who use patents as a weapon to extract significant licence fees, giving rise to a new industry of patent aggregators…
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December 5, 2011
WA State Premier, Colin Barnett, wielded a silver-plated spade in a ground-breaking ceremony to mark commencement of...
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December 1, 2011
The new Automotive Australia 2020 CRC has been awarded $26 million in the Australian Government’s CRC (Cooperative Research Centre) initiative to undertake research programs and build human capital in areas of...
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November 28, 2011
Toyota has won the 2011 Green Manufacturing Award from management company the World Trade Group Limited...
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November 18, 2011
Life Sciences & Chemical Group Principal Janelle Borham recently presented the exclusive perspective on Australian Patent Cooperation Treaty (PCT) and Global IP sector focus in the November edition of CorporateINTL...
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November 10, 2011
Engineering Principal John McCormack Principal spoke with Fiona Parker on the Morning Program on ABC Central Victoria 91.1FM to provide an overview of the patents process within the Australian market and how a person can best protect their inventions...
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November 3, 2011
Su-Ann Burke considers the Australian Attorney-General's recently released public consultation paper inviting submissions in response to a proposal to expand the scope of the “safe harbour” scheme under the Copyright Act 1968 (Cth)...
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November 2, 2011
With the cyberspace information exchange evolving at rapid speed and considering the volume of information people now have access to online, Senior Associate Kate Hay spoke to Lawyers Weekly about what this means for the intellectually property law industry...
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October 27, 2011
In this regular update on scientific and psychological studies into consumer behaviour, Chris Sgourakis considers three studies on the effect of scents or ambient odours on buying behaviour...
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October 27, 2011
The trade marks office’s recently published decision in Phillip Ryan v Wagering Western Australia, in which it allowed Wagering Western Australia’s application to remove Phillip Ryan’s trade mark on the grounds of non-use, highlights the need to take care when self filing applications...
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October 27, 2011
In this David and Goliath case, Qantas has failed in opposing an application by Danniel Amadio for the words 'flying kangaroo'. This case just goes to show that if an organisation comes to be known in the marketplace by words or symbols which are not registered as a trade mark, that organisation should consider doing so...
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October 25, 2011
IP Law Group Senior Associate Justin Lambert speaks with Boardroom Radio on the Government's recent release of a consultation paper proposing to broaden the scope of the safe harbor scheme under the copyright act...
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October 21, 2011
Life Sciences Group Principal Janelle Borham recently spoke to the Australian Financial Review about the "Raising the Bar" bill which was introduced by the Senate in June and what this will mean for Australian patents...
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October 20, 2011
Trainee Patent Attorney Jing Fung Tan was recently profiled in Science Careers' Career Magazine, speaking about the patent world providing himself and other scientists who want to stay close to science but leave the lab behind, a range of rewarding careers...
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October 17, 2011
IP Law Group Principal Wayne Condon was recently profiled amongst other leading IP lawyers in an Australasian Legal Business (ALB) magazine feature, The art of innovation...
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October 13, 2011
United States Patent Law is undergoing substantial change which should be of interest to Australian businesses. Under the “America Invents” Act, signed into law on 16 September 2011, the US is taking steps...
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October 13, 2011
Tracey Murray and David Mason, Directors of Griffith Hack Consulting, recently appeared on Sky Business News to discuss the research and development opportunities available to businesses in Australia...
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October 10, 2011
Chemeca 2011 took place in Sydney at the end of September and once again provided an excellent forum for engineers and scientists to showcase their research efforts and technologies...
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October 5, 2011
Organisations that frequently deal with privacy issues, such as those in the media industry, may wish to respond to the Issues Paper recently released by the Australian Government concerning the proposal to introduce a statutory right to take action for serious invasion of privacy. We inform you of the key issues that the Government is seeking responses to...
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September 22, 2011
In a majority recommendation delivered in its report dated 21 September 2011, the Australian Senate Committee reviewing proposed amendments to the Australian Patents Act has recommended that the Senate should not pass the Patent Amendment (Human Genes and Biological Materials) Bill 2010...
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September 19, 2011
Griffith Hack congratulates Dr John Arkwright from CSIRO Materials Science and Engineering on his recent 2011 ANSTO Eureka Prize for Innovative Use of Technology. The prize is part of the Australian Museum Eureka Prizes, the most prestigious awards in Australian science...
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September 15, 2011
Griffith Hack Principal, Jürgen Bebber spoke with Boardroom Radio about the need for companies to purchase .xxx domain names to avoid their brand potentially being misused.
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September 14, 2011
Chris Sgourakis looks at a Yale university study and considers how popular licensed cartoon characters can affect a child's perception of taste...
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September 14, 2011
Trade mark applications specifying very broad goods or services, or goods and services which an applicant may only have a general intention of extending its business into at some future time, may be invalid. A recent New Zealand trade mark opposition case highlights the risks of seeking such broad trade mark registration...
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September 14, 2011
The latest IP decision of the Australian Full Federal Court has reversed Justice Middleton's trial decision concerning the sale of a "copycat" coffee plunger...
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September 14, 2011
Honey produced on Kangaroo Island is highly sought after. A claim of such origin may be made if the honey is sourced entirely from Kangaroo Island. Labels on Aldi’s JUST ORGANIC range did not meet that test...
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September 14, 2011
What's in a name? The Australian Federal Court recently held that use of the name SOLARHUT infringed registered trade marks for the word SOLAHART...
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September 14, 2011
If State Parliaments pass legislative reform under the National Partnership to Deliver a Seamless National Economy, a new national business registration system may be operational by mid 2012...
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September 14, 2011
IP Australia recently reported that trade mark applications were filed in a record number of classes in the last financial year...
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September 12, 2011
Wayne Condon recently authored the exclusive Australian chapter for “Intellectual Property in the Life Sciences: A global guide to rights and their applications”, a publication written by world leading specialists on those issues affecting the life sciences sector...
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September 7, 2011
Griffith Hack is delighted to introduce Tracey Murray and David Mason, two R&D industry stalwarts who will head up Griffith Hack Consulting, a groundbreaking consultant arm with a ‘first of its kind’ service offering provided by an Australian intellectual property firm...
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September 7, 2011
Andrew Goatcher and Ben Mawby consider the recently released parts 2 to 5 of the Civil Dispute Resolution Act 2011(Cth) and related Regulations and outline what this means for parties commencing litigation in Australia...
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September 7, 2011
Ahead of the October commencement of The Personal Property Securities Act 2009 (Cth), Geraldine Farrell and Ben Mawby consider the new complex national regime to ensure your IP rights are best protected...
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September 7, 2011
The gene patent debate continues in Australia as we await the Senate Committee’s report on proposed legislation to ban the patenting of genes and other biological materials....
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September 7, 2011
The more you understand about the basics of commercial contracts, the better able you are to know when to seek assistance (and to ensure that your legal fees are proportionate to the level of risk). In this second part of our 'commercial contracts for dummies' series, we provide an overview of certain types of commercial contracts and drafting considerations...
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September 7, 2011
A recent case involving a franchisor serves as a timely reminder about the consequences of failing to comply with undertakings provided to a court...
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September 7, 2011
The widespread invasions of privacy associated with The News of the World phone hacking scandal has roused significant public debate about whether a statutory right to privacy should be introduced in Australia. In light of this, our law group examine the status of some of the issues surrounding privacy law reform in Australia...
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September 7, 2011
Lucy Meadley and Nicola Scheepers highlight the value of franchise brand protection for both the franchisors and franchisees...
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September 7, 2011
The US Supreme Court in the Stanford case considered whether the University and Small Business Patent Procedures Act of 1980 (known colloquially as the Bayh-Dole Act) modifies the starting position that inventors own their inventions...
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September 7, 2011
The recent case decision in SNF (Australia) v Ciba serves as illustration that Australia’s unique innovation patent regime provides a very effective litigation tool. However, care should be taken when selecting the best expert to give evidence in a patent case...
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September 7, 2011
The Bodum case decision establishes that if a product has reputable features or shape, selling ‘knock-offs’ may be misleading or deceptive conduct under the Competition and Consumer Act 2010 (Cth) (the Act) and may amount to passing off. However, proving reputation in product features and shape is exceptionally difficult...
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September 7, 2011
Brand owners selling goods and/or services or operating in Europe would do well to consider the advantages offered by protecting their logos, shape marks, etc. using the efficient and economical European Registered Community Design...
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September 7, 2011
Griffith Hack recently assisted a US company in reclaiming a domain name from a previously authorised distributor in Australia. Jürgen Bebber highlights that domain names held by distributors containing a licensor’s trade marks cannot remain under the control of the distributor after the distribution agreement has been terminated...
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September 7, 2011
Amendments to the Patent Cooperation Treaty (PCT) Regulations recently came into force and require applicants to furnish additional documentation when entering national phase. Michelle Hedges and Jing Fung Tan explain the new requirements...
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September 7, 2011
The Griffith Hack Information Service group has seen a steady expansion in client interest and uptake of services in the past financial year. Savvy inventors, entrepreneurs, and corporations are constantly challenging us to improve on our search techniques, strategies and access to patent data...
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September 7, 2011
A recent European Court of Justice preliminary ruling clarifies that in the European Union, the operators of online marketplaces can in some cases be held responsible for the infringement of third party trade marks by their users...
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September 7, 2011
Griffith Hack's Melbourne-based cleantech client, Aquatech Water Purification Systems, has recently installed its first commercial operational water treatment system in Australia and has also licensed Safe Water Solutions in South Africa in an attempt to eradicate water pollution worldwide...
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September 7, 2011
Following on from his Melbourne Engineering Research Institute (MERIT) prize, Griffith Hack Trainee Patent Attorney, Jing Fung Tan has been awarded the Chancellor Prize for Excellence in the PhD Thesis...
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September 7, 2011
Griffith Hack would like to congratulate their client, Tony and Lisa Clark and their non-profit organisation, Swags for Homeless, on the recent award winning streak for their revolutionary product, the Backpack Bed™...
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September 7, 2011
Griffith Hack has announced its expansion into the provision of R&D tax consulting services, with the formation of Griffith Hack Consulting Pty Ltd....
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September 5, 2011
IP Law Group Principal Wayne Condon and Eliza Mallon have again authored the exclusive Australian Chapter of the well recognised publication, 'The International Comparative Legal Guide to: Patents 2012'...
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September 2, 2011
In the August edition of Corporate INTL, IP Law Group Principal Wayne Condon, provided the exclusive perspective on current life sciences developments in Australia...
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August 31, 2011
WA Environment Minister, Bill Marmion, has announced that final environment approval has been given to Chevron’s Wheatstone LNG development with 25 conditions to protect marine fauna, including whales, turtles and dugongs...
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August 26, 2011
Since our March release of the 'Smartphone Patent Wars' whitepaper, there has been considerable movement in the smartphone patent ownership space. Using our Network Patent Analysis technique, we consider how these recent deals have changed the rankings...
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August 24, 2011
While the battle between mining concerns and farm gates continues, there remains a broader environmental question. How green is coal seam gas? Georgina Higinbotham considers...
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August 22, 2011
Griffith Hack has been named 2011 Australian Patent Law Firm of the Year by CorporateINTL Magazine’s 2011 Global Awards. This adds to last year’s impressive result of 'Boutique IP Firm of the Year in Australia' in the 2010 Global Awards...
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August 19, 2011
The South Korean government has approved a long-term agreement for Shell to supply 3.64mtpa LNG from 2013 to 2038. Mary Turonek considers the Prelude project to be a big tick of confidence in new untested FLNG technology...
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August 16, 2011
Following on from our recent report ‘.XXX Reservations’, domain names reserved in this way will be blocked from live use. Nicholas Tobias updates us on the ICM Registry and their recently published rules for defensive registrations...
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August 16, 2011
After many years of deliberation, ICANN has given its approval to the mass expansion of the domain name system. What does this mean for you?
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August 16, 2011
Losing a domain name dispute usually entails not being able to reclaim a domain name. Looking at the recent case of Futuris Automotive Interiors (Australia) Pty Ltd v X9 Interactive LLC, our Domain Name team outline the need to take care when determining the merits of a complaint prior to initiating a proceeding...
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August 4, 2011
Is expert opinion relevant to assessing the similarity of trade marks? The Federal Court of Australia belived so when recently handing down its decision in Symbion Pharmacy Services Pty Ltd v. Idameneo (No 789) Limited [2011] FCA 389...
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August 4, 2011
The playing of background music in retail environments is common, and we often take it for granted (or we think we do). New research shows that its effect can be very influential on consumer behaviour. The right music can result in increased sales, or increased sales of targeted products, while the wrong music can actually decrease sales and damage a business...
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August 4, 2011
How important is it to educate consumers to associate your trade mark with you? The recent Federal Court decision in which Telstra Corporation Limited applied for registration of word YELLOW, highlights the importance of correctly using a trade mark through sales and advertising...
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August 4, 2011
The Personal Property Securities Act 2009 (Cth) (PPS Law) is due to come into operation from October 2011. The PPS Law is the key piece of legislation which implements a national regime governing security interests over personal property...
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August 4, 2011
As part of the reforms introduced by the Freedom of Information Amendment (Reform) Act 2010, IP Australia will now publish documents released pursuant to requests under the Freedom of Information Act on a Disclosure Log. Information will be provided on the Disclosure Log, without cost, for 12 months from the date of listing...
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August 4, 2011
11 July 2011 marked the 10 year anniversary since Australia became a signatory to the Madrid Protocol...
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August 2, 2011
Wayne Condon reports on the recent US Court of Appeals decision that isolated BRCA1/2 molecules, used for diagnosing increased breast and ovarian cancer risk, are eligible for patent protection in the US...
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July 18, 2011
Wayne Condon and Rosie Stramandinoli recently authored the exclusive Australian perspective for “Pharmaceutical, Biotechnology and Chemical Inventions: World Protection and Exploitation”...
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July 4, 2011
Griffith Hack would like to congratulate their client MGI on the selection of their Navigator G800 as a Finalist in the Sports & Leisure division of this year’s Australian International Design Awards...
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July 1, 2011
Griffith Hack is delighted to announce the elevation of Derek Baigent and Jürgen Bebber to Principal, effective 1 July 2011...
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June 28, 2011
Wayne Condon and Su-Ann Burke consider the Franchising Bill 2010 (WA) in light of the recent Western Australian parliamentary committee recommendation to oppose it...
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June 23, 2011
Wayne Condon comments on IP Australia’s recent survey revealing a huge lack of awareness among SME’s of how IP issues relate to their businesses. Wayne discusses ways in which SMEs can exploit intellectual property.
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June 22, 2011
On the 1st of June, the UK’s intellectual property office launched a 6 month pilot of what is known as the Peer to Patent process. The scheme involves...
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June 14, 2011
Griffith Hack client Lu Papi, has cemented his place in the Australian engineering and design folklore, courtesy of the revolutionary Freedom Wheelchair...
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June 14, 2011
The Civil Dispute Resolution Act 2011 comes into full effect in October 2011. We look at the new dispute resolution process and how this will affect you and your business...
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June 14, 2011
The Global Partnerships Programme is a free service offered by UK Trade & Investment to assist Australian organisations involved in research activities to find UK research and/or development partners for mutual collaboration...
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June 14, 2011
Do you like reading detailed Terms and Conditions? Do you enjoy incurring legal costs for basic contracts? We will keep you up to speed with the basics of commercial contracts...
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June 14, 2011
Businesses need to be aware that the Franchising Code of Conduct applies to franchising agreements in essence rather than name...
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June 14, 2011
Our IP Law Group explain how to adopt a best practice approach to the IT buzzword of the minute - cloud computing...
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June 14, 2011
Some changes proposed to Australia’s patent laws that are adverse to patent applicants, could have a negative impact on the patent applications you have already filed...
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June 14, 2011
The biotechnology sector breathed a sigh of relief in May having been spared further funding cuts in the Australian Federal Budget. Dr Stuart Boyer looks at the impact...
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June 14, 2011
If you own a registered patent and/or trade mark, you may find yourself the target of unsolicited Intellectual Property (IP) services. Proceed with caution...
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June 14, 2011
Intellectual Property legislation in Australia is in the process of being amended to improve the fit and function of the IP system. In line with this objective, the Trade Marks Act 1995 will be amended in several respects...
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June 14, 2011
Two recent Australian Federal Court decisions provide real world examples of what will and what will not infringe a registered design...
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June 14, 2011
IP Australia has launched a new version of AusPat, the online record of Australian patents and patent applications. Its improved features include 28 searchable fields, and more comprehensive data on opposition and ownership...
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June 14, 2011
Griffith Hack partner Sydney Angels has recently completed an AUD$10 million capital raising for the Sydney Angels Sidecar Fund, with their partner in the Sidecar Fund, Proto Investment Partners...
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June 14, 2011
Griffith Hack client, Phosphagenics has just launched a new product in the ELIXIA® range, which aims to reduce the appearance of cellulite...
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June 14, 2011
Griffith Hack was proud to recently host an evening with the Melbourne group of ‘MS Angels’...
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June 14, 2011
Griffith Hack Trainee Patent Attorney, Jing Fung Tan, has been awarded the University of Melbourne’s Melbourne Engineering Research Institute (MERIT) prize for the Best PhD Thesis in Engineering in 2010...
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June 8, 2011
Our Oil and Gas Technologies Group look at Princeton University's lab experiments aimed at converting CO2 into useable fuels...
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June 3, 2011
Sally Shrimpton looks at the proposed amendments to the seizure process of counterfeit goods by the Australian Customs Service and on the proposed increased penalties for trade mark infringement...
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June 3, 2011
Should a trader be able to use a competitor's brand as a Google Adword? A recent EU decision suggests that the practice may, in certain circumstances, be lawful; but there is doubt whether this would be followed in Australia...
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June 3, 2011
A trade mark owner usually loses its right to a mark if it doesn't use the mark for 3 years and its registration is challenged for non-use. A recent case shows that the courts may be willing to "save" the registration in special circumstances but trade mark owners shouldn't be complacent...
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June 3, 2011
Clearance searches for slogans and other wording used for marketing and advertising should not be overlooked. A recent case shows that use of such slogans is trade mark use, and can infringe registered trade mark rights...
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June 3, 2011
Trade mark owners need to be aware of new food labelling laws for "Grown in" claims, which join existing country of origin laws for "Made In" and "Product of"...
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June 3, 2011
A new, simpler system of business name registration is set to replace the current system of multiple business name systems in each of the Australian States and Territories...
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June 3, 2011
As a regular item in NeedtoKnow, we highlight a scientific or psychological study on consumer behaviour that has caught our attention...
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June 3, 2011
Trade mark owners should be on alert for a spate of false and misleading notices and invoices involving their trade marks...
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June 3, 2011
Proper trade mark portfolio management does not merely involve seeking registrations. It is also important to prevent your competitors sneaking in unfavourable registrations that conflict with your rights...
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May 31, 2011
Our Oil and Gas Technologies Group look at the rise in development and utilization of bio-fuels as several companies report significant gains in the prices of their shares...
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May 24, 2011
Mary Turonek looks at the recent go-ahead by Royal Dutch Shell PLC in respect to the construction of the $10 billion Prelude Floating LNG and the subsequent rise in activity in LNG production around the world...
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May 20, 2011
Leading Intellectual Property (IP) firm, Griffith Hack was last night named as the IP Specialist Firm of the Year at the ALB Australasian Law Awards in Sydney...
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May 12, 2011
Our Oil and Gas Technologies Group look at the $47 million grant to develop more energy from renewable biomass and reduce reliance on import oils...
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May 11, 2011
If your business operates outside the adult industry (now also referred to as the XXX Community) and if you would prefer that your trade mark not be associated with the XXX Community, the Registry for the top level domain .xxx (ICM Registry) will offer a unique rights protection mechanism...
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May 11, 2011
A recent UDRP decision has confirmed that unsuccessful UDRP Complaints may be refiled and considered afresh in certain limited circumstances...
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May 11, 2011
As Government representatives on the Governmental Advisory Committee (GAC) and Internet Corporation for Assigned Names and Numbers (ICANN) continue to disagree on details relating to the mass expansion of the domain name system, ICANN has sought to address some of the GAC’s concerns in its revised Draft Applicant Guidebook, which it released recently...
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May 6, 2011
Anne Makrigiorgos, Nicola Scheepers, Andrew Morton, Russell Berry, Sally Nicolson and Lyn Stevens are all set to attend this year's annual INTA meeting in San Francisco...
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April 27, 2011
China is the latest country to turn to shale gas as an alternative to coal with plans to identify and extract 1000 billion meters of the resource by 2020...
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April 25, 2011
Mike Lloyd and Byron Bowman outline the patent system as a valuable resource for the Australian coal industry to access national and global information regarding new innovation...
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April 19, 2011
Recent reports suggest that Western Australia’s future contribution to Research and Development (R&D) is heading backwards. Our Oil and Gas Technologies Group looks at the proposed budget cuts...
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April 15, 2011
The Therapeutic Goods Legislation Amendment (Copyright)Bill 2011(the Bill) was introduced into the Australian Commonwealth Parliament on 24 February 2011[1].The Bill proposes to amend the AustralianCopyright Act 1968 (Cth) to ensure...
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April 15, 2011
Our Oil and Gas Technologies Group look at this controversial extraction technique as a method of extracting natural gas from deep shale formations...
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April 11, 2011
With the price of crude oil at an all time high, our Oil and Gas Technologies Group consider why no alternative effective, large-scale commercial solution has been found to fossil fuels...
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April 7, 2011
Sally Nicolson comments on the Federal Court ruling in which Organic Marketing Australia alleged Woolworths' Honest to Goodness Family Meals campaign infringed upon its intellectual property...
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April 4, 2011
In the latest edition of Australisian Science, Mike Lloyd considers how new technology is untangling the complex network of patents at the centre of a litigation war between smartphone companies...
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April 1, 2011
Mike Llloyd recently spoke with Switzer and considered the question of which smartphone manufacturer comes out on top in the patent wars.
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March 30, 2011
Daniel Rosenthal considers the latest car brand to join in the fuel economy developments of hybrid car manufacturing...
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March 28, 2011
Wayne Condon speaks to the Australian Financial Review on the latest update in the iiNet copyright infringement case...
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March 25, 2011
In the latest edition of this international comparative legal guide, Wayne Condon, Geraldine Farrell and Su-Ann Burke provided the Australian legal analysis of key issues in our pharmaceutical and health care industries, including legislative compliance issues for pharmaceutical and medical device manufacturers, the funding of our health care system and access to medicines...
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March 22, 2011
The owner of the BLACKBERRY trade mark, Research In Motion Limited recently filed a complaint with the World Intellectual Property Organisation under the Uniform Domain Name Dispute Resolution Policy and succeeded...
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March 22, 2011
The Silicon Valley meeting hosted by the Internet Corporation for Assigned Names and Numbers concluded on 18 March 2010 with yet another timeline for the launch of the mass expansion of the Domain Name System...
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March 22, 2011
Australian domain names are in the top ten largest county codes in the world, according to the Australian Domain Administrator. It recently marked a significant milestone with two million .au domain names having being registered...
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March 18, 2011
Shell is preparing to divert LNG cargoes to Japna to help breach energy shortfalls arising from the growing nuclear crisis. Japan is already the biggest consumer of LNG.
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March 18, 2011
There in no doubt that since its first recorded use in the 1800’s the use of natural gas as an alternative source of energy has grown exponentially. The use of lower-carbon fuels like natural gas to help reduce greenhouse gas emissions is essential to meet our current and future energy challenges.
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March 18, 2011
Hydrogen sulphide is a common (and often major) contaminant of natural gas. There are several "sweetening" methods which can be used to remove contaminants to purify natural gas but they often prove inefficient, requiring large amounts of thermal energy.
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March 18, 2011
Daniel Rosenthal considers the two main challenges in moving to a more sustainable existence: development of appropriate technology and education to modify energy (resource) usage behaviours...
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March 17, 2011
A trader may be able to convince the Trade Marks Office that a descriptive trade mark has acquired a reputation and has become distinctive through use, but this is no guarantee that the registration for that mark is valid and enforceable...
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March 17, 2011
Unlike many other countries that have deadlines within which a response to an Office Action must be filed, the Australian Trade Marks Office sets a deadline of 15 months within which the application must placed in order for acceptance...
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March 17, 2011
Beware of your Facebook fan pages. According to a recent Federal Court decision, comments that your customers post on the wall of your Facebook fan page may well be attributed to you...
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March 17, 2011
A recent Australian Trade Marks Office decision highlights the difficulty of registering colour marks where the goods bearing the colour mark are accompanied by brands and other distinguishing material...
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March 17, 2011
IP legislation in Australia is in the process of being amended to improve the fit and function of the IP system. In line with this objective, the Australian Trade Marks Act 1995 will be amended in several respects...
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March 17, 2011
Griffith Hack has maintained its tier 1 position for the fifth consecutive year in trade mark prosecution work in Australia in the latest World IP Survey, conducted by Managing Intellectual Property...
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March 17, 2011
Using fast food branding, we report on a study that looked at whether brands on foods can affect a person's perception of taste...
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March 17, 2011
A registered trade mark may become vulnerable to a removal application by a third party in Australia if it has not been used for a continuous period of three years in respect of the goods and/or services for which it is registered...
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March 17, 2011
A report by the Office of the United States Trade Representative has found that global piracy and counterfeiting continue to thrive, assisted by markets (both ‘bricks & mortar’ and online) which continue to blatantly sell the goods...
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March 17, 2011
An investigation by Griffith Hack into the boom in green trade marks – registering terms such as ‘green’, ‘eco’ and ‘enviro’ to support a product or service – has found these terms are becoming so commonplace that they risk losing their impact in a cluttered marketplace...
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March 15, 2011
Griffith Hack has partnered with Ambercite to make the innovative patent analysis technique Network Patent Analysis (NPA) available to its clients to support their research and development (R&D) and intellectual property (IP) management strategies...
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March 15, 2011
A document released by China’s Intellectual Property Office (SIPO) has revealed that China is targeting to quadruple both foreign and domestic patent applications filed by Chinese nationals for every 1 million people by 2020.
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March 14, 2011
Smartphones are now a way of life for many, be it the trendsetting iPhone, business-tool BlackBerry, or competing phones from the likes of Samsung, HTC and Nokia. Smartphones integrate advanced technologies, and companies leading the smartphone revolution are filing thousands of patent applications to protect their innovations...
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March 14, 2011
In 2009, IP Australia (IPA) presented a number of consultation papers aimed at improving Australia’s patent laws. On 3 March 2011 IPA published a draft Bill to amend the Patents Act 1990 (Cth) (the Act) (and other IP legislation) which is due to be presented to the Australian Parliament in the 2011 autumn session...
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March 14, 2011
Kimberly-Clark brought infringement proceedings against Multigate for infringement of three patents, including Australian Patent No 758905 (the patent). Multigate cross-claimed that the patent was invalid...
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March 14, 2011
A recent case demonstrates the importance of obtaining advice as early as possible as to whether problematic claims in granted patents should be amended. Amending a granted patent may become necessary to maintain its validity. Relevant prior art may come to light only after grant, or through prosecution in other countries...
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March 14, 2011
In a recent decision, the Australian Patent Office (APO) refused a patent application for lacking sufficient technical disclosure in the specification. The decision in First Principles, Inc. [2011] APO 1 concerned a patent application in respect of a ‘rational inquiry method’ relating to educational methods for personal improvement...
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March 14, 2011
On 16 February 2011, the ACIP published a report on Patentable Subject Matter. ACIP concluded the current ‘manner of manufacture’ test for patentability under the Patents Act 1990 (Cth) (the Act) is obscure and ambiguous. To improve the clarity of the Act, ACIP recommended bringing the statutory language of the Act into line with current practice...
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March 14, 2011
The assessment of a registered design in Australia is made with reference to a notional ‘informed user’. The informed user considers the visual features of the design rather than any functional aspects. Businesses need to understand the informed user concept in order to secure the strongest possible registered design protection...
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March 14, 2011
The social media phenomenon has changed the way people view their world and many businesses have adopted this shift into their marketing strategy. However, there are also many potential pitfalls which all businesses should be aware of...
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March 14, 2011
Counterfeit goods and digital piracy are major global concerns, costing brand owners and rights holders up to an estimated $600 billion per annum. While a recent international agreement signals a real intention to tackle this issue on a global level, brand owners in Australia are already well placed to take effective action against counterfeiting on a local level...
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March 14, 2011
Two recent Australian and US cases demonstrate how inadequately drafted contracts can leave employers empty handed when it comes to owning employee-generated IP...
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March 14, 2011
A recent celebrity domain name dispute highlights the common practice of using misspelt domain names to divert internet traffic. Paris Hilton succeeded in a dispute involving Dimitrij Timofeev, who had registered a misspelling of Hilton’s name, paris-hillton.com...
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March 14, 2011
On 15 December 2010, the Full Federal Court of Australia unanimously held that copyright did not subsist in the compilation of listing data in the White Pages Directory (WPD) or Yellow Pages Directory (YPD). Of critical importance was the factual finding that the form of expression of this data in both directories was produced using an automated computer process...
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March 14, 2011
Following the implementation of the new Therapeutic Goods (Medical Devices) Regulations 2002, there have been multiple independent reviews of these regulations which all call for further reform...
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March 14, 2011
On the 1 January 2011 the Trade Practices Act 1974 (Cth) (TPA) was renamed the Competition and Consumer Act 2010 (Cth) (CCA). The ACL has maintained the existing prohibitions against misleading, deceptive or false statements and unconscionable conduct but also introduces new provisions...
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March 14, 2011
The move towards a Trans Tasman Single Economic Market (SEM) (which began on 20 August 2009) received a boost on 16 February 2011 when Prime Minister Gillard and New Zealand Prime Minister Key announced the framework will include a single patent examination process...
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March 14, 2011
A hotly debated issue over the last three months is the ongoing review in Australia of a proposal to exclude the patenting of human genes and biological materials by amending the Australian Patents Act 1990 (Cth) (the Act). We now look at the virtually identical bill that was introduced into the Australian House of Representatives on 21 February 2011...
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March 14, 2011
Griffith Hack congratulates our client, FreshBins, on their recent New Inventors award...
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March 14, 2011
Griffith Hack has had a bumper start to the year with strong recognition by Managing Intellectual Property (MIP), Chambers Global Directory: The World’s Leading Lawyers, Doyle’s Guide, Australian Financial Review: The Best Lawyers in Australia in 2011, and Expert Guides...
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March 1, 2011
Griffith Hack and Ambercite have now released a white paper comparing smartphone patents using Network Patent Analysis (NPA). So who has the leading smartphone patents? Apple, Nokia or Microsoft?...
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February 28, 2011
The Australian Full Federal Court affirms that the internet service provider iiNet is not responsible for the unlawful downloading and sharing of films and TV programs by its customers...
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February 25, 2011
As a result of the introduction of the Australian Consumer Law in 2010, the ACCC can now issue notices to individuals or corporations requiring the production of information or documents capable of substantiating claims or representations made in the marketplace...
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February 18, 2011
A recent decision of the Federal Court has found a company and its sole director liable for statements made by third parties on social networking sites such as Facebook and Twitter.
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February 18, 2011
The ACL has maintained the existing prohibitions against misleading, deceptive or false statements and unconscionable conduct but also introduces new provisions of the Competition and Consumer Act 2010...
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February 17, 2011
Two generic pharmaceutical companies have successfully avoided an interlocutory injunction which would have stopped them from launching generic versions of docetaxel...
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February 1, 2011
Griffith Hack has again been recognised as a Tier 1 IP firm by Doyle’s Guide. The independently compiled legal survey has ranked GH amongst our leading competitors with impressive results...
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January 24, 2011
Coal seam gas drilling in Surat Basin has been brought to a standstill by the flooding in Queensland. The floods have obstructed road access into...
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January 20, 2011
We can confirm that our Griffith Hack Brisbane office is now open again after being closed due to the flooding crisis in Queensland. All operations are running as usual.
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January 18, 2011
The year 2011 is the year the domain name system is set to expand in an unprecedented manner. The framework allowing applications for an unspecified number of new top level domains will most likely be finalised in 2011. Trade mark owners in particular are viewing this development with some concern. New top level domains may result in a multitude of abusive domain name registrations. If such registrations are to be challenged or if defensive applications are to be filed, company budgets for intellectual property disputes may need to be increased...
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January 18, 2011
Groupon Inc is a US start-up that has rapidly grown to a sizeable company offering daily deals to its customers via its website at www.groupon.com. It has reportedly knocked back a recent offer from Google Inc in the amount of US$ 6 billion, preferring to raise capital in an initial public offering...
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January 14, 2011
In Issue 3 2010 of Breakthrough, we reported that the Internet Corporation for Assigned Names and Numbers (ICANN) expected to be in a position to accept applications for new generic top level domains as early as 30 May 2011. This timeline now seems uncertain...
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December 15, 2010
In an interview that went live on 15 December 2010 on Boardroom Radio Australia, Nicola Scheepers commented on a recently filed trademark infringement lawsuit against Emu Australia for allegedly breaching the US company Decker Corporation (Decker) which owns UGG Australia’s trade mark in the US.
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December 12, 2010
The National Water Commission recently published its Position Statement on Australia’s growing Coal Seam Gas (CSG) industry and potential impacts on adjacent surface and groundwater systems. While it acknowledges that the CSG industry offers substantial economic and other benefits...
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December 10, 2010
Please click here for our Christmas & New Year office hours.
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December 6, 2010
Patents for biological materials, including genes, may face a significant change if a proposed amendment to section 18 of the Australian Patents Act proceeds.
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December 6, 2010
A recent survey conducted by the Global Floating Liquefied Natural Gas (FLNG)summit has pointed to a projected increase in investment over the next 5-10 years...
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November 30, 2010
Griffith Hack supports the implementation of 'The Small Technologies Industry Uptake Program' (STIUP) and is pleased to be an approved supplier of IP services to participants. This program has been developed by the Victorian Government to...
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November 23, 2010
Griffith Hack's Mike Lloyd and Optimice's Doris Spielthenner highlight searching tools that take advantage of existing information to drive succcessful innovation, with a particular focus on SMEs.
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November 15, 2010
The 9th Annual World Oil Innovation Awards recognises companies and industry leaders for technological advancements and innovative thinking in the oil industry.
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November 15, 2010
The X Prize Foundation has launched a $1.4 Million competition designed to inspire pioneering solutions to containing and cleaning up ocean oil spills...
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October 25, 2010
Robert Wulff explores various strategies to turn Intellectual Property into a competitive advantage in "Managing IP for competitive advantage".
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October 15, 2010
Griffith Hack is looking forward to the Univation event on November 3 and 4 and is proud to be supporting this unique event as a Platinum sponsor...
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October 12, 2010
An investigation into the boom in green trade marks - registering terms such as 'green', 'eco' and 'enviro' to support a product or service - has found these terms are becoming so commonplace that they risk losing their impact in a cluttered marketplace, and companies need to be more upfront and smarter about how they portray and leverage their eco credentials.
The analysis has been completed by the Trade Marks Group of Griffith Hack - a leading firm of patent and trade marks attorneys and intellectual property (IP) lawyers.
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October 11, 2010
Russell Berry and Geraldine Farrell have been listed in Intellectual Asset Management’s magazine "IAM Licensing 250, The World's Leading Patent & Technology Lawyers" for 2010.
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October 6, 2010
The board of the Internet Corporation for the Assignment of Names and Numbers (ICANN) met in Trondheim Norway on 24 and 25 September to discuss key issues relating to the release of new generic top-level domains (gTLDs).
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October 6, 2010
Principal and National Practice Group Leader of the IP Law Group, Wayne Condon and Associate Eliza Saunders recently contributed the Australian Chapter of The International Comparative Legal Guide to: Patents 2011.
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October 5, 2010
Griffith Hack has been recognised as the top IP firm for Patent Cooperation Treaty (PCT) filings in Australia by Managing Intellectual Property (MIP) for the second year running.
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August 16, 2010
Jürgen Bebber speaks with Boardroom Radio about the recent Google case rulings in regards to their rights to sell trade marks as search terms and their upcoming European ruling.
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July 7, 2010
Griffith Hack is pleased to announce a significant expansion, with specialist WA firm Mallon & Co. Mallon & Co specialises in technology and intellectual property (IP) law, and has an impressive client base ranging from the mining and resources sector to retail, food and beverage, pharmaceuticals and skincare.
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July 7, 2010
A detailed analysis of our water innovation patents by Griffith Hack in the report 'Water Innovation in Australia: Pipeline to Profit?' has found Australian companies are failing to leverage their valuable intellectual property (IP) into global markets.
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June 1, 2010
A detailed study of patents in the US$300bn and expanding medical technology market has identified significant areas of potential for Australian companies to pursue on a global scale.
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April 16, 2010
Griffith Hack Senior Associate, Jürgen Bebber speaks to Boardroom Radio about the recent ICANN developments in regards to registeration of top level domains names.
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March 16, 2010
Leading intellectual property (IP) firm, Griffith Hack, is pleased to announce the appointment of Steve Parker to the role of Chief Executive Officer.
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October 13, 2009
Griffith Hack is pleased to announce the launch of the report: ‘Who holds the power? Lessons from hybrid car innovation for clean technologies.’
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August 6, 2009
Leading National intellectual property (IP) firm, Griffith Hack, is pleased to announce the appointment of experienced non executive company director and advisor, Kate Spargo, as an independent advisor to the National Board.
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July 16, 2009
Griffith Hack is pleased to announce the appointment of leading IP litigator, Sally Nicolson, in the role of Special Counsel. Sally’s expertise will further increase the strength of the Griffith Hack Law Group, particularly in the area of IP commercial and
